What are the alternative pleas in a claim for breach of contract, negligence and breach of fiduciary duties arising out of a solicitor-client relationship?

26. As alternative pleas, the plaintiff also alleges that the defendants failed to fulfill their duties arising out of either an alleged special or non-traditional fiduciary relationship or their alleged duty of care to the plaintiff arising by the application of the principles enunciated in Anns v. Merton, [1978] A.C. 728. The alleged breaches of the duties owed by the defendants under these alternative pleas are the same as those alleged for breach of contract, negligence and breach of fiduciary duties arising as a result of the solicitor – client relationship. For the reasons that follow, I find that a solicitor – client relationship was established between the parties. The various breaches alleged by the plaintiff in the alternative pleas are subsumed within its claim for breach of duties arising as a result of the solicitor – client relationship and will be addressed in the portion of these reasons dealing with that aspect of the claim. Consequently, the alternative pleas will not be addressed separately. The Existence of a Solicitor – Client Relationship